The Trial of Lucius Malfoy
by Tiberius Jones
Summary: Lucius Malfoy must answer for his activities as a Death Eater following the fall of Lord Voldemort. Read about the trial from the point of view of his Barrister. WARNING: DH spoilers, AU


_I add my thanks to Mrs, Rowling for her wonderful characters and world that inspires the imagination._

I witnessed Lucius Malfoy entering the large dungeon of Courtroom 10, escorted by the Aurors Proudfoot and Williamson. Lucius looked around the vast room, a large empty chair sat in the middle of the floor, chains hanging slack from the arms. Benches rose upwards, full of murmuring witches and wizards who had come to watch the trial of the century, as well as the entire body of the Wizengamot. Sitting behind the highest bench in plum robes was the dark visage of Kingsley Shacklebolt, the gold earing he usually sported missing since assuming the office of Interim Minister of Magic.

Malfoy was led to the large chair and forced to be seated. The large black chains snaked up the sides of the chair, wrapping slowly around his arms. I stood, cleared my throat and shuffled forward from the rear of the chamber, my steps echoing loudly through the dimly lit chamber.

"I object! There is no need for my client to be chained like a dangerous criminal. He is a highly respected member of the community and poses no threat, especially wandless." I called.

Shacklebolt looked down sternly, weighing the threat in his mind. Shacklebolt had been a top Auror for decades. He nodded, indicating the chains were unnecessary. Lucius let out a nervous breath and relaxed slightly as the chains withdrew. I strode to him, trying to calm him.

Shacklebolt began, "Criminal hearing of the twentieth of November into offenses committed under the Decree for Reasonable Requirement for the Welfare of the Wizarding Community, the Decree for Reasonable Regulation for the use of Unforgivable Curses under Improper Use of Magic statutes F, M, S2 and 3, Trespassing upon the Department of Mysteries, in particular, the Hall of Prophesies, Improper Retrieval of Prophesies for Others, Willful Destruction of Ministry and Private Property, violation of the International Statute of Secrecy of 1698, Unlawful Detention of Free Wizards, Conspiracy to Overthrow the Right Lawful Ministry of Magic, the Decree for Reasonable Regulation of Magic, Accessory to Murder and Torture, Harboring a Known Criminal, Attempted Murder, Allowing for the Unwilling Possession of Another, by Lucius Malfoy, resident of Malfoy Manor, Wiltshire."

"Interrogators: Kingsley Shacklebolt, Interim Minister of Magic; Arthur Weasley, Head of Department of Magical Law Enforcement; Percy Weasley, Senior Undersecretary to the Minister. Court Scribe, Lee Jordan."

"For the accused, Barrister Ima Guttersnipe," I replied.

"The charges against the accused are as follows: that he did knowingly, deliberately, and in full awareness of the legality of his actions conspire with others to violate the following: the Overthrow of the Right and Lawful Ministry of Magic through murder and coercion, the Decree for Reasonable Requirement for the Welfare of the Wizarding Community by the same means; use Unforgivable Curses under Improper Use of Magic statutes as outlined below; Trespass upon the Department of Mysteries, in particular, the Hall of Prophesies in commission of said crimes; improperly retrieve a prophecy between Harry James Potter etc and Lord Voldemort etc as witnessed by Harry James Potter etc, Ronald Bilius Weasley, Hermione Jean Granger, Neville Longbottom, Ginevra Molly Weasley etc, Luna Lovegood, among others, most of whom are now deceased; willfully destroyed Ministry and Private Property in commission of the aforementioned; violated the International Statute of Secrecy of 1698 in the commission of said crimes; unlawfully detained Free Wizards including, but not exclusive, Bertha Jorgens, Ollivander the Wand Maker, Charity Burbage, Luna Lovegood, Dean Thomas, Harry James Potter, Ronald Bilius Weasley, Hermione Jean Granger, and the Goblin Griphook and the possession against his will, resulting in the death of Quirenius Quirrell; did harbor known criminals including, but not exclusive, Lord Voldemort etc, the Werewolf Fenrir Greyback, Bellatrix Lestrange; violate the Decree for Reasonable Regulation of Magic by direct participation as a Death Eater, having sworn allegiance to the deceased Lord Voldemort, also known as Dark Lord, also known as He-Who-Must-Not-Be-Named, also known as You-Know-Who, also known as Tom Marvolo Riddle, resident of Little Hangleton cemetery, Yorkshire, former resident of Malfoy Manor, Wiltshire, former resident of Riddle House, Little Hangleton, Yorkshire, former resident of the Forest, Albania, former resident of the grim Orphanage, Second Landing, First Room, London during the following periods: sometime in 1970 to October thirty-first at fifty-nine minutes past eleven, 1981; sometime in 1990 to May the seventh at thirteen minutes past six, 1998 by use of the Killing Curse and other magic causing the death of a number of innocents including, but not exclusive, Tom Riddle and his parents, Edgar Bones and family, Caradoc Dearborn, Benjy Fenwick, Marlene McKinnon and family, Dorcas Meadows, Gideon and Fabian Prewett, James and Lily Potter, Frank Bryce, Charity Burbage, Alastor Moody, Severus Snape, and having ordered or causing the deaths of numerous others including, but not exclusive, the ghost known as Moaning Myrtle, Bertha Jorgens, Head of International Magical Cooperation Bartemius Crouch Senior, Cedric Diggory, Sirius Black, Albus Dumbledore, Minister of Magic Rufus Scrimgeour, Dirk Cresswell, Fred Weasley, the Werewolf Remus John Lupin and his wife Auror Nymphadora Tonks, Colin Creevey, and through the use of the Cruciatus Curse the torture of numerous persons including, but not exclusive, the Aurors Frank and Alice Longbottom. Further more, that he did knowingly, deliberately, and in full awareness of the legality of his actions attempted to murder, through use of the Killing Curse, Harry James Potter, resident of number twelve, Grimmauld Place, London Borough of Camden, former resident of number four, Privet Drive, the Smallest Bedroom, Little Whinging, Surrey, as witnessed by the deceased Free-Elf Dobby, resident of Shell Cottage by the sea, the Garden, Tinworth, former resident of Hogwarts School of Witchcraft and Wizardry, the Kitchen, former resident of Malfoy Manor, the Cellar, Wiltshire, in the seventh floor hall at Hogwarts School of Witchcraft and Wizardry, but prevented by said Free-Elf Dobby etc. Further more, that he did knowingly, deliberately, and in full awareness of the legality of his actions cause Ginevra Molly Weasley, resident of the Burrow, the Smallest Bedroom, Ottery Saint Catchpole, to become possessed by Tom Riddle etc, and to open the Chamber of Secrets at Hogwarts School of Witchcraft and Wizardry causing the petrification of the cat known as Mrs. Norris, Colin Creevey, Justin Fitch-Fletchley, the ghost known as Sir Nicholas de Mimsey-Porpington, Hermione Jean Granger, Penelope Clearwater and nearly causing the death of Ginevra Molly Weasley etc."

There was silence in the chamber as people recalled memories of friends and families whose names had been read and even more whose hadn't.

"Do you, Lucius Malfoy, understand the magnitude and severity of your charges?" asked Shacklebolt.

"Yes, Minister, my client is fully aware of the charges against him," I answered.

"Does the accused wish to make a statement on his behalf?"

Lucius looked first to his wife and son who sat in the front row. He had watched them blanche as each charge and each name had been read aloud. He shook his head. "Not at this time, Minister," I replied.

"Then this court will hear from witnesses against and for him," Shacklebolt directed.

The Minister called the first witness. For another four hours we listened to witness after witness who recalled instances of Lucius' direct involvement. I was able to discredit to some extent all of them. Finally he called his last witness, Harry Potter.

I rose, "Mr, Potter, how would you describe your relationship with Lucius Malfoy?" I asked.

"Um ... well, I wouldn't say we had a relationship," he answered.

"Would you say, _adversarial_, Mr, Potter?"

"I guess."

"Would you say that indeed you have made claims that Lucius Malfoy was a Death Eater?"

"He is – was – whatever, I saw him with Voldemort when Voldemort got his body back. He was there."

"And did anyone else witness what you allege?" I shot back.

"No, Cedric had already been killed. I was alone."

"What proof did you have that Lucius Malfoy was a Death Eater? I understand Death Eaters to have the Dark Mark. Did you at any time witness this mark?" I inquired.

"In his manor, when we were held captive by Greyback. He pushed up his sleeve and we say it."

"So, Mr, Potter, you did not witness the mark at anytime before this? So you cannot say decisively that he was a Death Eater?" I snapped.

"Well, no, I never saw the mark, but ...?"

"Mr, Potter," I interrupted, "is it not at all possible that he was under an Imperious Curse and unable to be responsible for his actions?"

"No, he ..."

"Objection!" said Shacklebolt. The witness is not an expert in the field, he therefore cannot give expert testimony."

"Yes, Minister. I withdraw the question," I acquiesced.

"Mr, Potter, by your own testimony you never saw the Dark Mark upon Lucius Malfoy prior to being brought to his manor by the Werewolf Fenrir Greyback, would you say that statement is true?"

"Yes," he said between gritted teeth.

"Mr, Potter, did Fenrir Greyback bring you to Malfoy Manor of his own free will or by the direct order of Lucius Malfoy?"

"His own choice," he said reluctantly.

"At that time, Lucius Malfoy was not in possession of a wand, Minister. He had surrendered it to Lord Voldemort under duress. So, Mr, Potter, did Lucius Malfoy touch you or anyone else during your stay at Malfoy Manor?"

Tightening his lips he muttered, "No."

"Speak up Mr, Potter, the court can not hear you," I instructed him.

"NO!"

"Minister, by Mr, Potters own testimony he had no direct knowledge that Lucius Malfoy had the Dark Mark on his person. Therefore, it is possible that under duress for the safety of his family or possibly as a victim of the Imperious Curse, that Lucius Malfoy was being _forced _to act in the manner he did against his free will." I stated.

"But he tried to kill me!" Potter shouted .

"Minister, please inform the witness as to the rules of unsolicited outbursts," I contested.

"The witness is so directed," replied Shacklebolt.

I could see that Potter was very uncomfortable. I decided to press the issue, it was a gamble that might backfire though.

"You allege that Mr, Malfoy tried to murder you. Who witnessed this act?" I continued.

"Dobby, he stopped Malfoy from doing it."

"I see, Mr, Potter. And this elf is conveniently deceased, is that correct?"

"Yes," he said, a quiver in his voice.

"Then, for all intensive purposes, once again, Mr, Potter, there were no witnesses."

"Right," he said dejectedly.

"And, Mr, Potter, is it not true that the elf in question had a grudge against Lucius Malfoy?"

"He did. He was treated terribly. Dumbledore saw how Malfoy kicked him in his office," he blurted.

"Ah, yes, Mr, Potter, another deceased witness. Tell me, Mr, Potter, is it the least bit possible that Lucius Malfoy was attempting to defend himself from this suddenly freed elf? That this elf was now free from the bonds of servitude, and disgruntled at his treatment, so he acted to avenge his grievance?"

"No, he didn't. I saw him, Malfoy had his wand drawn and pointed at me before Dobby stopped him," he said smugly.

"How was it that this elf became freed?"

"Malfoy threw him a sock," he stated.

"And where did this sock come from, Mr, Potter?"

"It was mine. I put Riddle's diary in it and he took it off and threw it to Dobby," he answered.

"So it was by deceit that this elf was freed. Mr, Potter, did you have a relationship with this elf prior to this incident?"

"Yes," he answered, eyes cast down.

"Would you say that his master would have approved if he were aware of this fact?"

"I doubt it, he hated me," he said.

"So, Mr, Potter, it is possible that you yourself had violated the law by conspiring to free this elf. I submit to the court that an inquiry be made into this incident, Minister," I pronounced.

Shacklebolt rolled his eyes, and motioned for me to get on with it.

"One final question, Mr, Potter, at any other time did you see Lucius Malfoy murder or torture any other person?"

"Yes, he hit Mr, Weasley when he gave Ginny that diary."

"Did he, Mr, Potter? Minister, I can produce witnesses that claim in fact Mr, Weasley initiated the altercation and that Lucius Malfoy was simply defending himself."

Potter looked absolutely crestfallen. I excused him and prepared for my first witness. I called Mrs, Malfoy and then their son and questioned them in regards to what part Lucius Malfoy played in the period since the incident in the Hall of Prophesies. They did wonderfully, with much crying and lamentations. I could see a murmur spread through the crowd.

"Minister, I have shown that there are no witnesses who could conclusively provide corroborated evidence that Lucius Malfoy participated in anything other than trespass the Hall of Prophesy, which the defense concedes. There has been no evidence to suggest that he was a Death Eater of his own free will. I believe everyone in this room would acknowledge that Lord Voldemort was an exceptional wizard, that he could easily have Imperiused Lucius Malfoy as concluded by this court in 1982. The court has heard sworn testimony by Lucius Malfoy's family that they were held as virtual prisoners in their own house by Lord Voldemort and his chief subordinate, Bellatrix Lestrange. That indeed, any murder or torture committed in Malfoy Manor was at the hands of either of those persons. You have heard the sworn testimony of Harry Potter himself that the Free-Elf Dobby resented his treatment by Lucius Malfoy and therefore had every motive to attempt to attack my client. Ladies and Gentleman of the court, the Wizengamot, and the community at large, Lucius Malfoy is a loving and doting husband and father. He has been an upstanding citizen caught in troubled times, a victim as many others have been, including the previous Minister of Magic, Pius Thickness. A pawn of the greatest wizard of his age. He has served his community on the Board of Governors for Hogwarts School of Witchcraft and Wizardry, the greatest school of magic anywhere in the world. He is an indisputable philanthropist who has donated huge sums of gold to the wizarding community, including the Ministers Office and Saint Mungo's Hospital for Magical Maladies and Injuries among others. Minister, I rest the defense of Lucius Malfoy," I finished, out of breath.

"Please remove the accused while the court deliberates," Shacklebolt instructed Proudfoot and Williamson. I walked with Lucius and comforted him in the hall. The large wooden doors closed behind us with a dreadful thud. Lucius was very pale, he looked broken and I worried he may need to be admitted into St, Mungo's.

For three hours we awaited the decision. Finally, we were recalled by Lee Jordan.

Standing in front of the Minister, Lucius looked small. A proud man reduced to a shadow of his former self.

"Lucius Malfoy, the court has reached verdicts for the aforementioned charges. They are as follows: as to the offense committed under the Decree for Reasonable Requirement for the Welfare of the Wizarding Community, not guilty; as to the offense committed under the Decree for Reasonable Regulation for the use of Unforgivable Curses under Improper Use of Magic statutes F, M, S2 and 3, not guilty; as for the offense of Trespassing upon the Department of Mysteries, in particular, the Hall of Prophesies, guilty; as for the offense of Improper Retrieval of Prophesies for Others, guilty; as for the Willful Destruction of Ministry and Private Property, as regards the Department of Mysteries, guilty; as for the offense of violating the International Statute of Secrecy of 1698, not guilty; as for the offense of Unlawful Detention of Free Wizards, not guilty; as for the offense of Conspiracy to Overthrow the Right Lawful Ministry of Magic, not guilty; as for the offense under the Decree for Reasonable Regulation of Magic, not guilty; as for the offense of Accessory to Murder and Torture, not guilty; as for the offense of Harboring a Known Criminal, not guilty; as for the offense for Attempted Murder, not guilty, but let it be known the court censures Lucius Malfoy for his actions; as for the offense of Allowing for the Unwilling Possession of Another, not guilty," Shacklebolt read aloud in his deep voice.

"Based upon the findings of this court, it is decreed that for the crimes of Trespass, Procuring Another's Prophesy, and Destruction of Ministry Property, the accused shall serve three hundred hours of Muggle community service concurrently with one hundred hours of Wizarding community service in the kitchens of Hogwarts School of Witchcraft and Wizardry sans wand. It is further decreed that a Warrant of Fieri-Facias be served for the costs associated with the damage to the Department of Mysteries and associated offices. This case is now adjourned," proclaimed Shacklebolt.

Narcissa and Draco ran from the benches as Lucius hugged me tightly, whispering in my ear his gratitude. I felt the pressure of the trial seep from my muscles and said, "Don't call me again."

In the hall, Harry Potter stood talking to friends, he saw me and walked over.

"How could you defend him like that? I am sick he got off so lightly. Do you know how many people's lives he has destroyed? They let him off and he is a despicable _toerag_. How could you do that?" he spat.

"I am sorry, but the rules of law are what they are. The burden of proof is upon the Ministry. I am sorry for those hurt during these dark times, I really am. Good day, Mr, Potter," I told him in as comforting voice as I was capable of mustering and walked towards the lifts to leave this all behind me.


End file.
